At the Law Offices of Stephen K. Miller, P.A., we know that working with the distribution of assets from a Florida probate estate can be difficult for families and can be confusing for everyone involved. That’s why we are committed to helping our clients move through the complicated nuances of Florida probate law and guide them through the process.
TOP 3 REASONS TO HIRE LAW OFFICES OF STEPHEN K MILLER FOR YOUR PROBATE CASE:
1. Florida law requires you to have an attorney for a probate.
2. An attorney will protect your interests and rights.
3. You won’t have to go through the confusing process alone.
TYPES OF PROBATE CASES WE HANDLE:
1. Estate Planning
2. Probate Litigation
3. Asset Distribution
WHAT DOES IT ALL MEAN?
In layman’s terms, Florida probate is a court-supervised process for identifying and gathering the decedent's probate assets, paying estate taxes and income taxes, creditors' claims and expenses, and then distributing the estate assets to the decedent’s beneficiaries.
Probate assets refer to those assets that are titled in the decedent's name at the time of death or otherwise owned solely or individually by the decedent and which contain no provision for automatic transfer of ownership at death. Florida probate assets may include:
• A bank account held in sole ownership.
• A life insurance policy, annuity or individual retirement account (IRA) payable to the decedent's probate estate.
• Real estate titled in the sole individual name of the decedent or as a tenant in common with another person.
Probate is necessary to close out the affairs of the decedent and it ensures that the decedent’s creditors are paid as required by Florida law. Florida probate also serves to transfer assets from the decedent's individual name to the proper beneficiary of the Florida probate estate.
Florida has had probate laws in force since becoming a state in 1845. Florida law provides for all aspects of the probate process. However, the decedent may elect to make certain decisions by leaving a valid last will and testament, which is a document that is signed by the decedent and witnesses, that designates a personal representative to administer the Florida probate estate and names beneficiaries to receive probate assets.
A Florida Last Will and Testament can also do other things, including establish a testamentary trust and designate a trustee of that testamentary trust. In the absence of a valid Last Will and Testament, Florida probate law designates the beneficiaries of the probate estate and designates the way to select the personal representative of the probate estate.
There are three main types of Florida probate law, including:
1. Summary administration probate
2. Full administration of probate cases
3. Ancillary administration probate cases
To determine which category of Florida probate case suits your particular needs, our Florida probate lawyers will examine the amount of assets that are subject to the administration and/or the time that has passed since the death of the deceased party.
Florida probate law requires that most executors, known officially as personal representatives, of estates with property use a probate attorney. Our experienced staff helps personal representatives through the probate process. We also recognize the importance of completing the Florida probate process as soon and as efficiently as possible, regardless of the form of probate necessary.
With more than 5,000 cases under their belt, our aggressive attorneys, along with a team of knowledgeable legal assistants and support staff, are capable of handling a variety of Florida probate matters. We offer practical advice and formidable trial skills that are unmatched and we can help you with all aspects of Florida probate, including:
• Will drafting, will contests, last will and testament disputes, determination of heirs, and probate/estate planning.
• Estate litigation, elective share litigation, probate litigation, removal of personal representative.
Even though our Florida law firm may never need to take your case to court, our strength and our track record of success can influence negotiations on any disputed family law issue.
To learn how our commitment to your immediate and long-term interests can benefit you in a Florida divorce, regardless of how complex, contact one of the Florida probate law experts at the Law Offices of Stephen K. Miller, P.A.